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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1011
Introduced by Dungan, 26.
Read first time January 13, 2026
Committee: Business and Labor
A BILL FOR AN ACT relating to the Nebraska Workers' Compensation Act; to1
amend section 48-121, Revised Statutes Cumulative Supplement, 2024;2
to change provisions relating to compensation for temporary3
disability; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 48-121, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
48-121 The following schedule of compensation is hereby established3
for injuries resulting in disability: 4
(1) For total disability, the compensation during such disability5
shall be sixty-six and two-thirds percent of the wages received at the6
time of injury, but such compensation shall not be more than the maximum7
weekly income benefit specified in section 48-121.01 nor less than the8
minimum weekly income benefit specified in section 48-121.01, except that9
if at the time of injury the employee receives wages of less than the10
minimum weekly income benefit specified in section 48-121.01, then he or11
she shall receive the full amount of such wages per week as compensation.12
Nothing in this subdivision shall require payment of compensation after13
disability shall cease; 14
(2) For disability partial in character, except the particular cases15
mentioned in subdivision (3) of this section, the compensation shall be16
sixty-six and two-thirds percent of the difference between the wages17
received at the time of the injury and the earning power of the employee18
thereafter, but such compensation shall not be more than the maximum19
weekly income benefit specified in section 48-121.01. This compensation20
shall be paid during the period of such partial disability but not beyond21
three hundred weeks. Should total disability be followed by partial22
disability, the period of three hundred weeks mentioned in this23
subdivision shall be reduced by the number of weeks during which24
compensation was paid for such total disability; 25
(3) For disability resulting from permanent injury of the classes26
listed in this subdivision, the compensation shall be in addition to the27
amount paid for temporary disability, except that the compensation for28
temporary disability shall continue until the later of (a) any permanent29
disability, as measured by permanent impairment for a scheduled member30
injury, has been determined or, in the event of a claim payable under a31
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loss of earning capacity, until a loss of earning capacity evaluation has1
been issued or (b) thirty days after the employee has been given notice2
as provided in subdivision (6) of this section cease as soon as the3
extent of the permanent disability is ascertainable . For disability4
resulting from permanent injury of the following classes, compensation5
shall be: For the loss of a thumb, sixty-six and two-thirds percent of6
daily wages during sixty weeks. For the loss of a first finger, commonly7
called the index finger, sixty-six and two-thirds percent of daily wages8
during thirty-five weeks. For the loss of a second finger, sixty-six and9
two-thirds percent of daily wages during thirty weeks. For the loss of a10
third finger, sixty-six and two-thirds percent of daily wages during11
twenty weeks. For the loss of a fourth finger, commonly called the little12
finger, sixty-six and two-thirds percent of daily wages during fifteen13
weeks. The loss of the first phalange of the thumb or of any finger shall14
be considered to be equal to the loss of one-half of such thumb or finger15
and compensation shall be for one-half of the periods of time above16
specified, and the compensation for the loss of one-half of the first17
phalange shall be for one-fourth of the periods of time above specified.18
The loss of more than one phalange shall be considered as the loss of the19
entire finger or thumb, except that in no case shall the amount received20
for more than one finger exceed the amount provided in this schedule for21
the loss of a hand. For the loss of a great toe, sixty-six and two-thirds22
percent of daily wages during thirty weeks. For the loss of one of the23
toes other than the great toe, sixty-six and two-thirds percent of daily24
wages during ten weeks. The loss of the first phalange of any toe shall25
be considered equal to the loss of one-half of such toe, and compensation26
shall be for one-half of the periods of time above specified. The loss of27
more than one phalange shall be considered as the loss of the entire toe.28
For the loss of a hand, sixty-six and two-thirds percent of daily wages29
during one hundred seventy-five weeks. For the loss of an arm, sixty-six30
and two-thirds percent of daily wages during two hundred twenty-five31
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weeks. For the loss of a foot, sixty-six and two-thirds percent of daily1
wages during one hundred fifty weeks. For the loss of a leg, sixty-six2
and two-thirds percent of daily wages during two hundred fifteen weeks.3
For the loss of an eye, sixty-six and two-thirds percent of daily wages4
during one hundred twenty-five weeks. For the loss of an ear, sixty-six5
and two-thirds percent of daily wages during twenty-five weeks. For the6
loss of hearing in one ear, sixty-six and two-thirds percent of daily7
wages during fifty weeks. For the loss of the nose, sixty-six and two-8
thirds percent of daily wages during fifty weeks. 9
In any case in which there is a loss or loss of use of more than one10
member or parts of more than one member set forth in this subdivision,11
but not amounting to total and permanent disability, compensation12
benefits shall be paid for the loss or loss of use of each such member or13
part thereof, with the periods of benefits to run consecutively. The14
total loss or permanent total loss of use of both hands, or both arms, or15
both feet, or both legs, or both eyes, or hearing in both ears, or of any16
two thereof, in one accident, shall constitute total and permanent17
disability and be compensated for according to subdivision (1) of this18
section. In all other cases involving a loss or loss of use of both19
hands, both arms, both feet, both legs, both eyes, or hearing in both20
ears, or of any two thereof, total and permanent disability shall be21
determined in accordance with the facts. Amputation between the elbow and22
the wrist shall be considered as the equivalent of the loss of a hand,23
and amputation between the knee and the ankle shall be considered as the24
equivalent of the loss of a foot. Amputation at or above the elbow shall25
be considered as the loss of an arm, and amputation at or above the knee26
shall be considered as the loss of a leg. Permanent total loss of the use27
of a finger, hand, arm, foot, leg, or eye shall be considered as the28
equivalent of the loss of such finger, hand, arm, foot, leg, or eye. In29
all cases involving a permanent partial loss of the use or function of30
any of the members mentioned in this subdivision, the compensation shall31
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bear such relation to the amounts named in such subdivision as the1
disabilities bear to those produced by the injuries named therein.2
If, in the compensation court's discretion, compensation benefits3
payable for a loss or loss of use of more than one hand, arm, foot, or4
leg, or any combination thereof, resulting from the same accident or5
illness, do not adequately compensate the employee for such loss or loss6
of use and such loss or loss of use results in at least a thirty percent7
loss of earning capacity, the compensation court shall, upon request of8
the employee, determine the employee's loss of earning capacity9
consistent with the process for such determination under subdivision (1)10
or (2) of this section, and in such a case the employee shall not be11
entitled to compensation under this subdivision. Loss or loss of use of12
multiple parts of the same arm, including the hand and fingers, or loss13
or loss of use of multiple parts of the same leg, including the foot and14
toes, resulting from the same accident or illness shall not entitle the15
employee to compensation under subdivision (1) or (2) of this section.16
If the employer and the employee are unable to agree upon the amount17
of compensation to be paid in cases not covered by the schedule, the18
amount of compensation shall be settled according to sections 48-173 to19
48-185. Compensation under this subdivision shall not be more than the20
maximum weekly income benefit specified in section 48-121.01 nor less21
than the minimum weekly income benefit specified in section 48-121.01,22
except that if at the time of the injury the employee received wages of23
less than the minimum weekly income benefit specified in section24
48-121.01, then he or she shall receive the full amount of such wages per25
week as compensation; 26
(4) For disability resulting from permanent disability, if27
immediately prior to the accident the rate of wages was fixed by the day28
or hour, or by the output of the employee, the weekly wages shall be29
taken to be computed upon the basis of a workweek of a minimum of five30
days, if the wages are paid by the day, or upon the basis of a workweek31
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of a minimum of forty hours, if the wages are paid by the hour, or upon1
the basis of a workweek of a minimum of five days or forty hours,2
whichever results in the higher weekly wage, if the wages are based on3
the output of the employee; and 4
(5) The employee shall be entitled to compensation from his or her5
employer for temporary disability while undergoing physical or medical6
rehabilitation and while undergoing vocational rehabilitation whether7
such vocational rehabilitation is voluntarily offered by the employer and8
accepted by the employee or is ordered by the Nebraska Workers'9
Compensation Court or any judge of the compensation court; and .10
(6) Compensation for temporary disability shall only cease after the11
employee has been given thirty days' notice. Upon termination of12
temporary disability benefits, the employer shall provide copies of all13
evidence which were relied upon in making the determination to cease14
benefit payments. If the employer relies upon evidence from outside of15
the treating physicians, the employee shall be entitled to seek a medical16
finding by an independent medical examiner to be paid for by the17
employer. Such independent medical examiner shall be chosen by the18
employee. 19
Sec. 2. Original section 48-121, Revised Statutes Cumulative20
Supplement, 2024, is repealed. 21
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